Gratuitous care and assistance.

pope

I am comming to a near end to my personal injury compensation claim. After my accident I was injured and needed help from father. Which my solicitor said I could claim money for care provided by family member. Fast forward my solicitor has now asked he needs to speak to my father about the care he provided in depth so he can make a derailed witness statement. I have talked to my father about this and he is not in a agreement to do this and i respect is decision that he does not want to do this. 

I have explained this to my solicitor and he is not happy about it and is insisting that he has to speak to my father about it. I just feel that I am being forced to do this I don't want to fall out with my father over this. But we're do I stand with this solicitor?

Any help would be helpful.

Thanks 

TELLIT01

Ask you father to write a letter stating that he has no desire to be compensated for the assistance he gave you after the accident.  Therefore he has no need or desire to communicate any further with the solicitor.  I suspect the solicitor will get a % of the settlement and therefore wants it to be as high as possible.

pope

TELLIT01 said:

Ask you father to write a letter stating that he has no desire to be compensated for the assistance he gave you after the accident.  Therefore he has no need or desire to communicate any further with the solicitor.  I suspect the solicitor will get a % of the settlement and therefore wants it to be as high as possible.

Yes the solicitor is getting a percentage of the settlement and you are correct he does want the figures to come out as high as possible for his own gain. Looks like he is not going to come off my 

Below is what I have also received today I have not sent him a email yet as you advised 


I have been advised by the Barrister We are not going to be able to pursue what is potentially a very valuable part of your claim for personal and domestic assistance your dads evidence will be crucial.  If he can come to the meeting or meet me at a later date

Yorkie1

Irrespective of advice, you remain the client and can instruct the solicitor and barrister according to your preferences. I suppose that you may be asked to sign something to confirm you have been advised about your options and understand the implications of not pursuing various elements of the claim.

Voyager2002

The risk is, when you began your claim and instructed the solicitor to act for you, probably you signed an agreement to cooperate with the solicitor to enable him to conduct your case as effectively as possible. There is a risk that if you fail to provide your legal team with evidence that is important to the case, you might be liable for the cost of work that they have already undertaken. 

Would it not be possible for your father to write a letter giving details of the care provided?

Be aware that if the case comes to court, the court has the power to order your father to give evidence. 

sheramber

Is this a no win, no fee solicitor?

pope

sheramber said:

Is this a no win, no fee solicitor?

It started off as a no win no fee agreement and the solicitor will take 25% from my compensation. But I have been notified by the solicitor because I have legal expenses insurance with my home building cover that will cover there charges so I get to keep all of my compensation without any deductions.